ORDER S.S. Grewal, J. - Challenge in the present Criminal Appeal is to the order of conviction and sentence recorded by Additional Sessions Judge, Kaithal vide judgment/order dated July 15, 1995 and July 19, 1995 respectively, whereby all the appellants were convicted under Sections 498-A/304-B Indian Penal Code. Pushpa Rani and Kailash Rani were given the benefit of Section 4 of the Probation of Offenders Act and they were released on probation of good conduct for a period of one year on their furnishing personal bonds in the sum of Rs. 5,000/- with one surety each in the like amount on the condition that they shall keep peace and be of good behaviour during the said period and shall receive sentence as and when called. Veena Rani and Manju Bala were sentenced to undergo rigorous imprisonment for a period of three years each under Section 304-B Indian Penal Code. They were also sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month each under Section 498-A Indian Penal Code. Both the sentences were ordered to run concurrently. Krishan Lal, Om Parkash and Puran Parkash were sentenced to undergo rigorous imprisonment for a period of seven years under Section 304-B Indian Penal Code. They were also sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,000/- each and in default of payment of fine, to undergo further rigorous imprisonment for one month under Section 498-A Indian Penal Code each. In their case also, both the sentences have been ordered to run concurrently. 2. In the context of limited arguments that have been raised in support of the appeal, the brief facts of the case are that Poonam was married to Krishan Lal appellant on May 4, 1992. On June 2, 1992, she was admitted in the hospital due to taking of poison. The doctor sent a rukka Exhibit PK/2 at 9.40 A.M. to Police Station City, Kaithal. ASI Sawaran Singh along with Shri N.D. Achint, Judicial Magistrate Ist Class, Kaithal visited twice the Civil Hospital, Kaithal for recording the dying declaration of Poonam. Poonam was in a serious condition. She could only state that she had taken poison and be became unconscious.
The doctor sent a rukka Exhibit PK/2 at 9.40 A.M. to Police Station City, Kaithal. ASI Sawaran Singh along with Shri N.D. Achint, Judicial Magistrate Ist Class, Kaithal visited twice the Civil Hospital, Kaithal for recording the dying declaration of Poonam. Poonam was in a serious condition. She could only state that she had taken poison and be became unconscious. The dying declaration recorded by Shri N.D. Achint, PW-1 are Exhibit PG/1 and PG/2. On both the occasions, she could only state that she had taken poison and then became unconscious. However, her detailed statement Exhibit PL/3 was recorded by the police which was attested by Dr. Ashok Kumar wherein she has stated that she had taken one tablet which is put in the wheat; that nobody had quarreled with her and that she had taken the tablet at 7 A.M. Information was sent to Bhagwan Dass, father of the deceased. He came and his statement Exhibit PF was recorded by the Police. 3. Bhagwan Dass, in his statement Exhibit PF, stated that he had two sons and two daughters. His daughter Poonam was the youngest and was married on May 4, 1992 with Krishan Lal appellant. He fulfilled legitimate and illegitimate demands of the appellants so that in-laws of his daughter could remain happy. His daughter Poonam returned to Jind after a stay of seven days at Kaithal and he enquired about her welfare at Kaithal. Poonam told him that whatever what was brought to the house, the same was purchased by her husband Krishan Lal. The brothers of Krishan Lal used the wheat without making the payment to him. Krishan Lal purchased wheat worth Rs. 3,600/- and had demanded its contribution from his brothers before they used the same. Krishan Lal made it clear to his brothers that unless the payment was made to him, he would not allow them to touch the wheat. The brothers and the wives of his elder brothers levelled allegations against Poonam that she was inducing Krishan Lal. 4. Bhagwan Dass further stated in his statement that Poonam told him that her sisters-in-laws and wives of her husbands brothers taunted her that she had not brought even Television and Refrigerator. He told Poonam that if these were needed for her better life, he could purchase the same by raising loan but Poonam being educated replied that how long would he meet their demands.
He told Poonam that if these were needed for her better life, he could purchase the same by raising loan but Poonam being educated replied that how long would he meet their demands. The house in which all the three brothers resided was sufficient only for one family. Krishan Lal and others also owned another house in Arjan Nagar but they did not live there. Both the brothers of Krishan Lal were running a shop in their residential house. The mother-in-law of Poonam made it clear that one of the families should shift to the house in Arjan Nagar. The brothers of her husband and their wives also levelled allegations against her that she had induced her mother-in-law for the same. He advised Poonam that they should reside in their house peacefully with love and affection. Poonam replied that she might die but would never brother him. 5. Bhagwan Das further stated in his statement that he was of the firm belief that her daughter had been murdered by her husband, brothers of her husband, their wives, Pushpa and Kailash sisters of her husband either by administering poisonous tablets to her or they compelled her to commit suicide by taunting her. His wife, his son Pawan Kumar, Kewal Krishan and Nihal Singh son of Kura Ram, residents of Jain Nagar Colony, Jind knew about the demand of Television and Refrigerator from Poonam as she had talked about the same in their presence. 6. On the statement of Bhagwan Dass, formal FIR Exhibit PF/2 under Sections 304-B/498-A Indian Penal Code was recorded. After investigation, challan was presented in the Court. 7. The prosecution, in its endeavour to bring home the charge against the appellants, examined PW1-Shri N.D. Achint, Sub-Divisional Judicial Magistrate, Guhla, PW-2 Dr. B.B. Kakkar, PW-3 Bhagwan Dass complainant. PW-4 Kewal Krishan son of Bhagwan Dass, complainant, PW-5 Om Parkash, PW-6 Jati Singh, retired Sub-Inspector, PW-7 Dr. A.K. Leel, PW-8 S.I. Sawaran Singh and PW-9 S.I. Rattan Singh. 8. After the close of the prosecution evidence, the statements of the appellants under Section 313 Criminal Procedure Code were recorded. They denied the incriminating material appearing against them in evidence and pleaded innocence. 9. In their defence, the appellants have examined DW-1 Om Parkash. 10. I have heard learned counsel for the parties and have carefully gone through the record. 11.
They denied the incriminating material appearing against them in evidence and pleaded innocence. 9. In their defence, the appellants have examined DW-1 Om Parkash. 10. I have heard learned counsel for the parties and have carefully gone through the record. 11. The learned counsel for the appellants has argued that in this case no offence against any of the appellants is made out as Poonam, in her statement Exhibit PL/3 stated that she had consumed poison at 7 A.M. and no body had quarreled with her. Statement Ex. PF of Bhagwan Dass recorded by the police does not speak of any demand for dowry. In this statement, it is only mentioned that there was a quarrel between the brothers regarding payment of wheat price. Sisters of her husband and wives of brothers of her husband were taunting Poonam that she had not even brought Refrigerator and the coloured Television. This amounts to taunting and not demand for dowry. Bhagwan Dass, while appearing as PW-3 has made improvements in his statement and stated that the sisters of husband of Poonam and wives of his brothers have made a demand for Refrigerator and the coloured Television. He agreed to meet their demands but Poonam refused. He further alleged that on May 30, 1992, Krishan Lal appellant stayed at his house and asked for Rs. 10,000/-. He was confronted with his statement Exhibit PF where these allegations were not made. So, it was a clear case of suicide without any instigation or quarrel. 12. The learned counsel for the State, on the other hand, has argued that Poonam has died within one month and Bhagwan Dass while appearing as PW-3 has clearly stated that a demand for Refrigerator and the coloured Television was being made by all the family members and Krishan Lal on May 30, 1992, had made a demand of Rs. 10,000/-. So, the appellants have been rightly convicted and sentenced. 13. It is on the record that mother-in-law of Poonam was alive and living there but no allegation had been made by Bhagwan Das or any other person against her. Even Poonam has stated to Bhagwan Dass that her mother-in-law asked one of the brothers of Krishan Lal to shift to other house. Poonam has clearly stated in Exhibit PL/3 that she has consumed poisonous tablet without any quarrel with anybody. This shows that family relations were normal.
Even Poonam has stated to Bhagwan Dass that her mother-in-law asked one of the brothers of Krishan Lal to shift to other house. Poonam has clearly stated in Exhibit PL/3 that she has consumed poisonous tablet without any quarrel with anybody. This shows that family relations were normal. In his cross-examination, Bhagwan Dass has admitted that he had told the police that the accused had raised the specific demand for Television and Refrigerator. He did state before the police that the accused/appellants had made the specific demand and if it was not written specifically in his statement Exhibit PF, then police was responsible for the same. He has also admitted that he had not stated before the police that the wives of brothers of Krishan Lal and his sisters taunted his daughter for not bringing Television and the Refrigerator. He was also confronted with his statement Exhibit PF wherein he has not mentioned that Krishan Lal demanded Rs. 10,000/- from him at Jind. He has not mentioned in Exhibit PF that he has given one chain to Krishan Lal appellant and one necklace to his daughter Poonam on May 31, 1992 at Jind and he was confronted with his statement. Thus, there may be, if any, some taunting but not any demand for more dowry. 14. Kewal Krishan, brother of deceased Poonam was examined as PW-4. He has not made any allegation against the husband and other relations of Poonam in this regard. PW-3 Bhagwan Dass has stated that Kewal Krishan was present when Poonam has made the allegations. 15. Thus, in the light of above discussion, it is clear that the prosecution has miserably failed to prove any charge against the appellants. The impugned judgment/order of the learned trial Court cannot be sustained. 16. In the result, this appeal is accepted and the appellants are acquitted of the charge. Appeal allowed.